Mr. Speaker, now that the Canada-China investment treaty can be legally ratified as soon as tomorrow, I wish to make one more plea to the Prime Minister to reconsider.

He should examine the Australian experience. There is a much larger volume of trade between Australia and China, in fact, six times as much. There is $60 billion in Chinese investment in Australia, and $7 billion in Australian investments in China.

Why do I mention it? Because the Australians did an independent risk-benefit analysis of this kind of investment treaty and decided the risks outweighed the benefits to their sovereignty and to their economy.

Once again, Mr. Speaker, as we have known for some 20 years now, Canada has been trying to secure protection for job-creating Canadian investments in the Chinese marketplace. This is something that those who create jobs in this country have long wanted. We have been pleased we have been able to take this step forward, and I notice there has been universal good reception to this agreement from those who are creating jobs for Canadians. Obviously, this government is going to move ahead and make sure we are able to access that important market and build jobs throughout this country.

Mr. Speaker, I am honoured to rise on behalf of the official opposition to ask the government what it has planned for the House for the remainder of this week and for next week.

Today, I will ask questions about Bill C-45, a monster bill from the government, which does not seem to understand the situation at all. The 450-page bill combines issues such as reducing funding for research and development, or protecting lakes in Muskoka, but nowhere else in the country. All of that is found in and among budgetary measures.

What makes even less sense than the bill itself is the lacklustre effort the government made to be transparent about its plan to have the bill studied in committee.

Let us recap where we have come to so far with the government and how its plan, if we can call it that, is going ahead.

Two weeks ago, the government announced a deal to have the committee study the bill, apparently giving it powers for amendments. Since then, motions to conduct these studies at individual committees have been introduced and then suddenly disappeared.

Yesterday, in question period, the Conservative committee chairs refused to answer questions; they did not know or they did not understand them. Just one hour after question period, the finance minister made a commitment that something else would actually happen to perhaps amend the bill.

Now committees can recommend to the FINA committee, but those amendments have no more precedence than motions moved at the committee itself. It only looks like it was a plan written on the back of a napkin, but that would be insulting to plans written on the back of a napkin.

This is the budget of Canada we are talking about. I know relationships take a lot of work, but perhaps the House leader, maybe the whip and the finance minister, could actually get together to organize a conversation to proceed in some logical manner that would allow the bright light of sunshine—

Absolutely, Mr. Speaker, and my friend will get to his campaign soon enough.

Communication is the key in all of these relationships, so perhaps the House leader can update the House. What is the actual plan with respect to their enormous budget implementation act, and, number two, will they allow committees to finally, not only study the bill in a realistic timeline, but also make amendments so Canadians can know that legislation that moves through this place actually helps this country?

Peter Van LoanConservativeLeader of the Government in the House of Commons

Mr. Speaker, while I do not know anything about a so-called deal that the NDP House leader talked about, I do know the Conservative Parliamentary Secretary to the Minister of Finance announced a process she was going to recommend to the finance committee to allow study of the bill, which I understand was adopted yesterday. It is a large bill, but it is not as large, of course, as the one that the Leader of the Opposition had when he was part of the cabinet in Quebec.

However, that being said, it is important that it be studied.

Consequently, as our government proposed, next week, 11 committees, including the finance committee, will study the important and necessary economic measures proposed in Bill C-45, the Jobs and Growth Act, 2012.

Yesterday, the finance committee got to work on this bill, not even 24 hours after the House passed it at second reading. This bill will implement key measures, like an extension of the small business hiring tax credit; and let me assure the House, it will definitely not implement the New Democrats' $21.5 billion, job-killing carbon tax.

As a former trade minister, I can tell you that the NDP is opposed to free trade. They have made that clear numerous times by dragging out debate, delaying and voting against free trade agreements here in the House. In fact, the hon. member for British Columbia Southern Interior outlined his party's position when he stated that “trade agreements threaten the very existence of our nation.” That is the NDP position.

We will continue debating free trade with Panama next week, on Tuesday and Wednesday. This bill will finally put into law our free trade agreement—an agreement which was signed here in Ottawa almost two-and-a-half years ago.

On Monday, we will resume the second reading debate on Bill S-9, the Nuclear Terrorism Act, before question period. Based on the speeches we heard the last time it was before the House, I hope that these two extra hours of debate will be sufficient for it to proceed to committee.

Also Monday will be the day designated, pursuant to Standing Order 66(2)(a), for resuming the adjourned debate on the seventh report of the Standing Committee on Government Operations and Estimates.

Finally, next Thursday, we will consider Bill C-44, the Helping Families in Need Act, which I understand was considered clause by clause at the human resources committee this morning. Given the unanimous endorsement the bill received at second reading, I hope it could pass and be sent to the other place before we rise for the constituency week.

Mr. Speaker, on a point of order, I seek unanimous consent for the following motion. That, notwithstanding any Standing Order or usual practices of this House that the Standing Committee on Finance meet during the week of November 12 to 16 for the purpose of hearing from witnesses in pursuance of its examination of Bill C-45, and that the following standing committees meet during the week of November 12 to 16 for the purpose of hearing from witnesses in pursuance of their consideration of the subject matter of Bill C-45: the Standing Committee on Aboriginal Affairs and Northern Development, the Standing Committee on Agriculture and Agri-food, the Standing Committee on Citizenship and Immigration, the Standing Committee on the Environment and Sustainable Development, the Standing Committee on Fisheries and Oceans, the Standing Committee on Health, the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, the Standing Committee on Justice and Human Rights, the Standing Committee on Public Safety and National Security and, finally, the Standing Committee on Transport, Infrastructure and Communities.

Order, please. I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

October 31, 2012

Mr. Speaker:

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 31st day of October, 2012, at 6:01 p.m.

Mr. Speaker, today I am proud to speak in support Bill S-8, the safe drinking water for first nations act. This proposed legislation is an essential part of a larger collaborative strategy to ensure that residents of first nation communities can reliably access clean, safe drinking water, like all other Canadians.

Provinces and territories each have their own legally binding safe drinking water standards. These laws assign responsibility for the specific tasks and standards that protect the safety of drinking water, such as treatment and quality testing protocols. Under these laws, provincial, territorial and municipal authorities collaborate to ensure that residents have access to safe, clean and reliable drinking water. Regulations differ based on local circumstances, but the overall impact is the same, as regulations help establish a chain of accountability and quality control.

In contrast, there are currently no legally enforceable protections governing drinking water and waste water on first nation lands. With the exception of a small number of self-governing first nations that have established laws in this area, most residents of first nation communities do not benefit from the legal protections for safe drinking water that all Canadians expect and deserve.

Bill S-8 would directly address this gap by enabling the federal government to work with first nations on a region by region basis to create regulatory regimes to govern drinking water in first nation communities.

It is important to note that Bill S-8 is enabling legislation. Following passage of Bill S-8, the Government of Canada would work in close partnership with first nations and other stakeholders to develop federal regulations tailored to their unique regional circumstances.

The underlying principle of Bill S-8 is simple: all Canadians, regardless of where they live, should have access to safe drinking water. In other words, when it comes to drinking water, the law should offer the same level of protection to Canadians, whether they live on or off reserve.

I want to speak to the long and collaborative effort leading up to this bill, which our government initiated six years ago to correct this serious issue. In 2008 we introduced the first nation water and waste water action plan, which provided $330 million in water and waste water funding over two years for treatment facility construction and renovation, the operation and maintenance of facilities, and training of operators on reserve. We have since renewed this program twice, most recently in economic action plan 2012.

Between 2006 and 2014, our government will have invested approximately $3 billion in water and waste water infrastructure and related public health activities to support first nation communities in managing their water and waste water systems. Throughout the same time period, we have invested in over 130 major projects and funded maintenance and operating costs of over 1,200 water and waste water treatment projects. We also invest $10 million a year to support the training and certification of first nation water systems.

However, we do recognize that funding is not the only solution to ensuring safe drinking water and health and safety. That is why in 2009 we initiated a national assessment of first nations' water and waste water systems. This was the most rigorous, comprehensive and independent study of its kind ever conducted in Canada, surveying 97% of drinking water and waste water systems on first nation lands. Site visits to the 571 participating first nations began in September 2009 and concluded in November 2010. The assessment took more than 18 months and involved the inspection of approximately 4,000 drinking water and waste water systems. The results, released last year, provide a comprehensive summary of the situation, including the amount of investment required to address deficiencies and reduce risk. They provide Canada with an unprecedented reference tool that will inform future water and waste water initiatives. This is for priority setting, appropriately done.

One of the main problems identified by the assessment was the lack of crucial regulations pertaining to operations, maintenance and operator qualifications when it comes to drinking water on reserve. This is consistent with the message conveyed in 2011 in the report by the Auditor General, which identified the lack of a legislative framework for first nations drinking water as a major impediment to ensuring clean drinking water for first nation communities.

Over the course of the past six years, we have also heard from countless other organizations and from first nations members, as well as other key stakeholders, about their concerns related to safe drinking water on reserve.

In 2006, an independent panel, consisting of experts jointly appointed by our government and the Assembly of First Nations, travelled across Canada for a series of public meetings. It listened to more than 110 presentations and received and considered more than two dozen written submissions. The independent panel heard from a wide range of people, representatives of first nations, provincial, territorial and municipal authorities, as well as private sector organizations.

The panel's final report stands as a valuable contribution to the effort to improve drinking water quality in first nation communities. A key recommendation was the development of appropriate regulations.

The following year, the Senate standing committee held a separate series of hearings to investigate the matter. In May of 2007, it released a report that called similarly on the government to undertake a comprehensive consultation process with first nation communities and organizations to develop regulatory options.

Our government responded to these calls for action and at the beginning of 2009, after significant consultation with first nations technical experts and leaders across the country, we released a discussion paper that outlined a proposed solution that would allow for regional differences to be reflected in the development of future regulations to be developed in partnership with first nations following the passage of enabling legislation. This discussion paper served as the basis to develop the approach outlined in Bill S-8, namely legislation that provides for the establishment of regulations that reflect the diverse needs and realities of first nations across the country.

In early 2009, a series of 13 engagement sessions were held across Canada. During these sessions, representatives of first nations, provinces and territories discussed the proposed legislative framework and identified potential improvements. Our government also provided funding to first nation organizations so they could conduct regional impact analyses of the proposed legislative framework. To discuss specific regional issues, further meetings were held with first nation chiefs and organizations. The government maintained an open dialogue with first nations throughout this time, explaining the purpose of the legislation and responding to concerns.

After the 2011 federal election, government officials and representatives from my office met on a without prejudice basis with representatives of first nations to discuss issues of concern and to explore potential solutions, in particular with first nation organizations from Alberta and the Atlantic region.

I have personally met with chiefs at several key crossroads in the negotiations to maintain forward momentum. The direction given to ministerial and departmental staff involved in these discussions was based on establishing and maintaining a respectful and credible relationship.

The progress made during these sessions is reflected in the legislation now before us. The commitment and leadership demonstrated by first nation leaders to improve the legislation should be commended.

There are several key differences between Bill S-8 and its predecessor. First and foremost, Bill S-8 includes a non-derogation clause, developed in collaboration with the Alberta Assembly of Treaty Chiefs, that specifically addresses the relationship between the legislation and aboriginal and treaty rights under section 35 of the Constitution Act, 1982.

A preamble has also been added to describe this government's intention to develop regulations working with first nations. The proposed legislation also features new language to clarify several key points. In particular, the legislation would not automatically apply to first nations that are signatories to self-government agreements; regulations would not include the power to allocate water supplies or license users of water for any purpose other than for accessing drinking water; regulations on source water protection on first nation lands would be restricted so as to protect it from contamination; only the powers necessary to effectively regulate drinking water and waste water systems would be conferred on any person or body; and first nations would not be held liable for systems owned by third parties that are on first nations lands.

Bill S-8 was first introduced in the Senate in February of 2012, where it was subject to further scrutiny and review by the Standing Senate Committee on Aboriginal Peoples. During my testimony to the committee, I reiterated our government's intention to collaborate with first nations on the development of regulatory regimes.

As I described to committee members, we will work with first nations to ensure that the proposed regulatory regime will be rolled out in a phased approach over several years. Our government will work with first nations to develop regulations that would establish standards comparable to those that safeguard drinking water elsewhere in Canada. These regulations would come into force once communities have the capacity to adhere to them.

I also expressed the same commitment in a letter I sent to every first nation in Canada that would be subject to the legislation. A similar letter was sent to the chair of the Standing Senate Committee on Aboriginal Peoples. This government's intentions are clear. We want to ensure all Canadians have access to safe drinking water. This is a matter of health and safety.

Clearly, the passage of Bill S-8 would extend the collaborative effort that was launched more than six years ago. This effort has inspired steady progress on drinking water issues. It has followed a strategic step-by-step approach that has addressed all of the main factors that conspire to undermine access to safe drinking water in many first nation communities.

Training and certification programs have increased the number of qualified operators. Protocols and procedure manuals have been published and disseminated. Investments in infrastructure have upgraded dozens of treatment facilities. Plans are in place to strategically address the specific needs of other facilities.

Bill S-8 also serves as a clear demonstration of our government's commitment to strengthening the relationship between Canada and first nations through working in partnership to address issues of mutual concern. It proposes a process that would see first nations and government officials work together to design and implement appropriate regulations. Some first nations have already expressed their eagerness to work with the government to develop these regulations.

Back in November of 2011, the Liberal member for Toronto Centre put forward a motion calling on the government to improve first nations access to safe drinking water.

The House fully endorsed this motion. I hope that now my hon. colleagues opposite will honour their noble commitment to improving access to safe drinking water and back this very important legislation, which would go far beyond the words of that motion. On this side of the House, we are interested in more than passing motions. We are interested in concrete action. I hope the opposition will stand with the government as we move forward to take concrete action for first nation peoples.

Thousands of Canadians currently lack the legislative protection needed to safeguard the quality of their drinking water. Bill S-8 would not only ensure that this gap is closed but that it is done in close partnership with our first nations partners. I urge my hon. colleagues to endorse Bill S-8.

Mr. Speaker, clearly the minister has indicated that when the original Bill S-11 was tabled, the government heard, loudly and clearly, that there were some deficiencies in the bill. Now Bill S-8 has come as a revised form, but there are still some gaps in that piece of legislation.

I have two specific questions for the minister. In the preamble, as he pointed out, the bill indicates that the departments have committed to working with first nations to develop proposals for regulations to be made under this act. There is nothing in the act that outlines what those working relationships might look like. In the past there has developed a level of mistrust because under the specific claims legislation, for example, there was a protocol agreement signed where there was a commitment to work with first nations. However, when one of the assistant deputy ministers came before the aboriginal affairs committee, she indicated that the commitment to working did not actually mean that they were going to engage in a process.

So would the minister make a commitment in this House today to define exactly what working with first nations, in the preamble, would look like? Could he also comment on the fact that what this act does is propose a process to develop regulations, which have no oversight in Parliament? How he would see Parliament having oversight of that regulatory process?

Mr. Speaker, in my speech I outlined a long process to get to where we are today, and that process was loaded with consultation. When we had the committee hearings in the Senate, we had representation there that indicated very strongly that some of the first nations that were involved saw this as a model for how to develop first nations legislation. I intervened at a personal level when we had some difficulties with the original bill and we were trying to get to the current format of the bill, because this is a very loaded issue from the standpoint that it gets tied in with water allocation and with provincial issues. It becomes a very broad conversation, so we had to find a way to address all those concerns, and I believe we have achieved that.

Ongoing, I have made commitments in writing, at the committee and in every other way that the consultation process on the regulations will continue and that we will not move faster than the capacity development of the first nations in terms of operator certification and their ability to have things in place prior to any enforcement of the regulations.

Greg RickfordConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, I first want to thank the minister for his leadership on this file and acknowledging that we needed to do a thorough engagement process, one that had never been done before, not in the size or scope of any legislation, certainly not from my perspective after almost two decades of living in the north and seeing the extent to which we performed our consultations to develop the framework he was explaining.

I would like to ask him if he could explain a little more the thorough engagement process that has occurred between the Government of Canada and first nations. Are there technical experts involved? Did community members get a chance to speak about these really important issues before our framework or pathway was established?

Mr. Speaker, we have had a long period of consultation on this bill. There has been much input from technical experts, community members, people who inform the leadership and their legal counsel. This was unprecedented consultation, in my view. I am not aware of any other piece of legislation in this place that has taken that length of time in a collaborative fashion to get to final form. I believe we are currently looking at a bill that is about as good as it can get.

Mr. Speaker, the Expert Panel on Safe Drinking Water for First Nations said it is clear that it is not credible to go forward with any regulatory regime without adequate capacity to satisfy the regulatory requirements. The government's own estimates identify a $5.8 billion shortfall to deal with the first nations waste and waste water capacity gap.

We thank the minister and his government for voting for the opposition day motion by the member for Toronto Centre, but I would like to ask the minister whether we can anticipate in the upcoming 2013 budget the amount of money that would be required to meet the objectives of this bill. When, in a long-term strategy, could 100% of first nations homes in 100% of first nations communities be expected to have safe drinking water?

Mr. Speaker, it is our intent to move as quickly as possible on all of this infrastructure, certification and operator training question, because this is a health and safety issue. We have discovered, with our serious investments to date, that the national assessment set some pretty good priorities. I can say that when I was here for 13 years in opposition, we used to hear horror stories about water systems on first nation reserves over and over again, and now we have addressed many of those.

We have also moved forward from the standpoint that, because we have made those investments, we have learned a lot and there are new and more cost-effective technologies. We have a circuit rider training program in place; we have increased the percentage of the systems that have fully certified operators, both for water and waste water systems; and we have told the communities that we do not expect full compliance on anything until such time as the infrastructure and all the certifications are in place. That is all very positive.

Mr. Speaker, I have great concerns about the water quality on reserves in British Columbia. I know there are a number of pipeline projects that are slated to go through reserves in B.C. In particular, the Kinder Morgan company wants to run a new pipeline through 15 first nations reserves. When asked, the head of the National Energy Board said it would expropriate land on these reserves and put these pipelines through without the consent of first nations.

I am wondering if the minister can say whether he would allow that to happen in these reserves in British Columbia.